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Terms
of Use
1. ACCEPTANCE
OF TERMS
1.1 Your access to and use of http://1HowTo.com ("the Website",
for the entire domain, that is, including its sub-domains)
and any Services referred to in Clause 2, is subject exclusively to these
Terms and Conditions. You will not use the Website/Services for any purpose
that is unlawful or prohibited by these Terms and Conditions. By using
the Website/Services you are fully accepting the terms, conditions and
disclaimers contained in this notice. If you do not accept these Terms
and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions
at any time and your continued use of the Website/Services following any
changes shall be deemed to be your acceptance of such change. It is therefore
your responsibility to check the Terms and Conditions regularly for any
changes.
By continuing to use the site, you are indicating your agreement to be
bound by the terms of this agreement and all revisions thereof.
2. THE
SERVICES
The Website may provide communication tools such as email, bulletin boards,
chat areas, news groups, forums and/or other message or communication
facilities ("the Services") designed to enable you to communicate
with others. Unless stated otherwise the Services are for your personal
and non-commercial use only.
3. CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly
children. Parents who wish to allow their children access to and use of
the Website/Services should supervise such access and use. By allowing
your child access to the Services you are allowing your child access to
all of the Services, including email, bulletin boards, chat areas, news
groups, forums and/or other message or communication facilities. It is
therefore your responsibility to determine which Services are appropriate
for your child. Always use caution when revealing personally identifiable
information about yourself or your children via any of the Services.
4. PRIVACY POLICY
We are committed to responsible data management and subscribe to the principals
of the data protection legislation in France. We are committed to maintaining
the privacy of our users and maintaining the security of any personal
information received from you. If you register for any of the Services
you will be asked to provide basic personal information. The information
provided by you is not available for sale or use by third parties. The
information is used solely for notifying you of changes or updates to
the Website/Services.
5. USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required
to complete the registration process by providing certain information
and registering a username and password for use with that Service. You
are responsible for maintaining the confidentiality of the username and
password and also for all activities which take place under your account.
You agree to immediately notify us of any unauthorised use of your password
or account or any other breach of security. In no event will http://1HowTo.com
be liable for any indirect or consequential loss or damage whatsoever
resulting from the disclosure of your username and/or password. You may
not use another person's account at any time, without the express permission
of the account holder.
6. ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos,
photographs, images, moving images, sound, illustrations and other materials
("the Content"), whether posted publicly or transmitted privately,
are the sole responsibility of the person from whom such Content originated.
We do not control or endorse the Content and cannot guarantee the accuracy,
integrity or quality of such Content and you acknowledge that by using
the Services you may be exposed to Content that is offensive and/or indecent.
http://1HowTo.com will not be liable in any way for any Content or for
any loss or damage of any kind resulting from the use of any Content transmitted
via the Services and you agree to bear all risks associated with the use
of any Content, including any reliance on the accuracy or completeness
of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid
schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information
that is defamatory, infringing, obscene, indecent, threatening, abusive,
harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information
that incites discrimination, hate or violence towards any person or group
on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any
copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan
or corrupt data that may damage the operation of the computer or property
of another;
6.2.7 collect or store personal information about others, including email
addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial
purpose, unless such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable,
overburden or impair the Website/Services or interfere with any other
party's use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information
that you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information or confidential
information disclosed in the course of employment or under a confidentiality
agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other
accounts, computer systems or networks connected to the Website/Services
through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be
entitled to review materials posted to a communications facility and,
at our sole discretion, to remove any material that breaches these Terms
and Conditions or is otherwise objectionable.
7. TERMINATION
We have the right to terminate your access to any or all of the Services
at any time, without notice, for any reason, including without limitation,
breach of these Terms and Conditions. We may also at any time, at our
sole discretion, discontinue the Website/Services or any part thereof
without prior notice and you agree that we shall not be liable to you
or any third party for any termination of your access to the Website/Services.
8. LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are
controlled and maintained by others. Any link to other websites is not
an endorsement of such websites and you acknowledge and agree that http://1HowTo.com
is not responsible for the content or availability of any such sites.
9. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission
of technical data exported from France or the country in which you reside
(if different) and with all local laws and rules regarding acceptable
use of and conduct on the Internet.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation
the Website design, text, graphics and all software and source codes connected
with the Website and the Services) are protected by copyright, trade marks,
patents and other intellectual property rights and laws. In accessing
the Website you agree that you will access the contents solely for your
personal, non-commercial use. None of the content may be downloaded, copied,
reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder.
10.2
http://1HowTo.com does not claim ownership of any materials you post,
upload or submit to any publicly accessible area of the Services. However,
by doing so you are granting us a world-wide, royalty free, non-exclusive
licence to copy, distribute, transmit, reproduce, publicly display, edit,
translate or publish such Content for as long as you elect to display
such Content via the Services. The licence shall be terminated when such
Content is deleted from the Services.
11. INDEMNITY
You agree to indemnify and hold http://1HowTo.com harmless from and against
any breach by you of these Terms and Conditions and any claim or demand
brought against http://1HowTo.com by any third party arising out of your
use of the Services and/or any Content submitted, posted or transmitted
through the Services, including without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses (including
reasonable legal costs and expenses) howsoever suffered or incurred by
http://1HowTo.com in consequence of your breach of these Terms and Conditions.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services
are provided on an "AS IS" and "AS AVAILABLE" basis
without any representation or endorsement made and without warranty of
any kind whether express or implied, including but not limited to the
implied warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, http://1HowTo.com will not
be liable for any indirect or consequential loss or damage whatsoever
(including without limitation loss of business, opportunity, data, profits)
arising out of or in connection with the use of the Website/Services.
12.3 http://1HowTo.com makes no warranty that the Website/Services
will meet your requirements, that Content will be accurate or reliable,
that the functionality of the Website/Services will be uninterrupted or
error free, that defects will be corrected or that the Website/Services
or the server that makes them available are free of viruses or anything
else which may be harmful or destructive.
12.4 http://1HowTo.com also makes no warranty that the site will
meet user's requirements nor does http://1HowTo.com make any warranty
as to the results that may be obtained from the site. http://1HowTo.com
makes no warranty regarding any goods or services purchased or obtained
through the site or any transactions entered into through the site.
No advice or information, whether oral or written, obtained by user from
1HowTo.com or through the site shall create any warranty not expressly
made herein.
12.5 Nothing in these Terms and Conditions shall be construed so
as to exclude or limit the liability of http://1HowTo.com for death or
personal injury as a result of the negligence of http://1HowTo.com.
12.6 Nothing in these Terms and Conditions shall affect your statutory
rights as a consumer.
13. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid,
illegal or unenforceable for any reason by any court of competent jurisdiction
then such Term or Condition shall be severed and the remaining Terms and
Conditions shall survive and remain in full force and effect and continue
to be binding and enforceable.
14. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance
with the law of France and you hereby submit to the exclusive jurisdiction
of the French court.
Last updated: January 2006.
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